Miami-Dade County passed the Tenants Bill of Rights yesterday - I have not
gone through in detail but there is a lot here. Our committee was invited
to comment on the bill of rights, and our comments were that many of the
County's goals could be accomplished if tenants had an understanding of
existing rights under the Landlord Tenant Act. Our recommendation was to
devote resources to a department that could help tenants maneuver existing
forms and processes and potentially devote resources to
translation services. The County went well beyond this recommendation and
has implemented rules beyond the scope of the Landlord Tenant Act.
https://www.miamidade.gov/govaction/legistarfiles/Matters/Y2022/220904.pdf
Broward County voted on a notice rule for rent increases as well yesterday.
I believe this passed.
At our last meeting we had a discussion about the Miami-Dade rent increase
ordinance and Kevin Rabin pointed us to an opinion on the preemption issue.
I am hoping he can circulate for us. Do we want to add this to our agenda
for the next meeting?
Kristen King Jaiven, Esq.
VP Legal; General Counsel
The Signature Real Estate Companies
Ph: 561.705.0140
Direct Line: 561-300-6921
Email: Kristen@quadcompanies.com
www.SignatureRealEstateCompanies.com
http://www.signaturerealestatecompanies.com/
[image: Signature Partners] http://mysignaturenetwork.com/
On Wed, May 4, 2022 at 8:52 AM Real Estate Leasing Committee <
landtencl@lists.flabarrpptl.org> wrote:
You must have read my mind Harry. This issue has been weighing on me
recently as well and I wonder whether the Statutes have any validity any
more if each City or County has the ability to make their own rules. Should
we consider the State Legislature enact some type of preemption? I can't
think of any other area of the law that can be governed by every
municipality differently, making it impossible for there to be any
consistency. Not only are they poorly written, they fail to take into
account the many possible circumstances in which their application creates
a serious injustice and even a danger to residents.
Also, anyone who is following these ordinances, the City of Lake Worth
Beach in PBC is in the process of enacting a similar ordinance and has
already passed their "first reading." This City is also considering
applying their ordinance to Commercial Properties as well.
And lastly, I do work with many commercial property owners and would be
happy to take any referrals. Always appreciate you keeping us abreast
Harry.
Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
Email:* CSABOL@SABOLLAW.COM CSABOL@SABOLLAW.COM*
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER
COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS
NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND
CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM
CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO
SENDING ANY WIRE TRANSFERS.
*THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY
FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. *
*IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be used by any taxpayer for the purpose of avoiding penalties that
may be imposed under U.S. tax law. If any person uses or refers to any such
tax advice in promoting, marketing or recommending a partnership or other
entity, investment plan or arrangement to any taxpayer, then the advice
should be considered to have been written to support the promotion or
marketing by a person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek advice based on the
taxpayer's particular circumstances from an independent tax advisor. *
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate
Leasing Committee landten@lists.flabarrpptl.org
Sent: Tuesday, May 3, 2022 5:01 PM
To: landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org;
landtencl@lists.flabarrpptl.org landtencl@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Local Ordinances
Some of you may not be aware of the spread of local ordinances which
impact nonrenewal, rent increases and late fees.
Miami-Dade’s change was a few months ago. Changes have occurred or will
occur in Tampa, St Pete and I believe Collier County.
It is certainly understandable why these changes are occurring. Large rent
increases and the fact that MTM can be terminated quickly are problems BUT,
having a patchwork of local ordinances now impacting state landlord/tenant
law is a road many people do not wish to go down.
If local government can do this, it basically renders the LL/Ten Act
useless at some point. Affordable housing is a problem in Florida, but I
am not quite sure that those pushing these ordinances realize that there
are unintended consequences.
You may want to keep an eye on these ordinances as they are poorly drafted
by lawyers who do not practice landlord/tenant law. While I may not agree
with these ordinances, we try to help them get the drafting right so we can
properly advise our clients on how to comply with them.
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800
367 9038 "Serving the Property Management Professional" Website: *
www.evict.com http://www.evict.com/
LandTenCL mailing list
LandTenCL@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landtencl
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Definitely belongs on the Agenda
Robert M. Schwartz, Esq., B.C.S.
FLORIDA BAR BOARD CERTIFIED REAL ESTATE LAWYER
ROBERT MARC SCHWARTZ, P.A.
4700 NW Boca Raton Blvd., Suite 104
Boca Raton, FL 33431-4860
Phone (561) 241-1850
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Bob@RobertSchwartzPA.com mailto:Bob@RobertSchwartzPA.com
Christine@RobertSchwartzPA.Com mailto:Christine@RobertSchwartzPA.Com
http://www.robertschwartzpa.com/ WWW.RobertSchwartzPA.Com
When you want to be represented by a Florida Bar Board Certified Expert in Real Estate Law.
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, May 4, 2022 9:12 AM
To: RPPTL Landlord Tennant Committee landtencl@lists.flabarrpptl.org
Cc: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] [RPPTL LandTenCL] Local Ordinances
Miami-Dade County passed the Tenants Bill of Rights yesterday - I have not gone through in detail but there is a lot here. Our committee was invited to comment on the bill of rights, and our comments were that many of the County's goals could be accomplished if tenants had an understanding of existing rights under the Landlord Tenant Act. Our recommendation was to devote resources to a department that could help tenants maneuver existing forms and processes and potentially devote resources to translation services. The County went well beyond this recommendation and has implemented rules beyond the scope of the Landlord Tenant Act.
https://www.miamidade.gov/govaction/legistarfiles/Matters/Y2022/220904.pdf
Broward County voted on a notice rule for rent increases as well yesterday. I believe this passed.
At our last meeting we had a discussion about the Miami-Dade rent increase ordinance and Kevin Rabin pointed us to an opinion on the preemption issue. I am hoping he can circulate for us. Do we want to add this to our agenda for the next meeting?
Kristen King Jaiven, Esq.
VP Legal; General Counsel
The Signature Real Estate Companies
Ph: 561.705.0140
Direct Line: 561-300-6921
Email: Kristen@quadcompanies.com mailto:Kristen@quadcompanies.com
www.SignatureRealEstateCompanies.com http://www.signaturerealestatecompanies.com/
http://mysignaturenetwork.com/
On Wed, May 4, 2022 at 8:52 AM Real Estate Leasing Committee <landtencl@lists.flabarrpptl.org mailto:landtencl@lists.flabarrpptl.org > wrote:
You must have read my mind Harry. This issue has been weighing on me recently as well and I wonder whether the Statutes have any validity any more if each City or County has the ability to make their own rules. Should we consider the State Legislature enact some type of preemption? I can't think of any other area of the law that can be governed by every municipality differently, making it impossible for there to be any consistency. Not only are they poorly written, they fail to take into account the many possible circumstances in which their application creates a serious injustice and even a danger to residents.
Also, anyone who is following these ordinances, the City of Lake Worth Beach in PBC is in the process of enacting a similar ordinance and has already passed their "first reading." This City is also considering applying their ordinance to Commercial Properties as well.
And lastly, I do work with many commercial property owners and would be happy to take any referrals. Always appreciate you keeping us abreast Harry.
Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
Email: mailto:CSABOL@SABOLLAW.COM CSABOL@SABOLLAW.COM
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.
PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.
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IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > on behalf of RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >
Sent: Tuesday, May 3, 2022 5:01 PM
To: landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org <landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org >; landtencl@lists.flabarrpptl.org mailto:landtencl@lists.flabarrpptl.org <landtencl@lists.flabarrpptl.org mailto:landtencl@lists.flabarrpptl.org >
Subject: [RPPTL Leasing Committee] Local Ordinances
Some of you may not be aware of the spread of local ordinances which impact nonrenewal, rent increases and late fees.
Miami-Dade’s change was a few months ago. Changes have occurred or will occur in Tampa, St Pete and I believe Collier County.
It is certainly understandable why these changes are occurring. Large rent increases and the fact that MTM can be terminated quickly are problems BUT, having a patchwork of local ordinances now impacting state landlord/tenant law is a road many people do not wish to go down.
If local government can do this, it basically renders the LL/Ten Act useless at some point. Affordable housing is a problem in Florida, but I am not quite sure that those pushing these ordinances realize that there are unintended consequences.
You may want to keep an eye on these ordinances as they are poorly drafted by lawyers who do not practice landlord/tenant law. While I may not agree with these ordinances, we try to help them get the drafting right so we can properly advise our clients on how to comply with them.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: harry@evict.com mailto:harry@evict.com
LandTenCL mailing list
LandTenCL@lists.flabarrpptl.org mailto:LandTenCL@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landtencl
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Quad Realty Investments, Inc. d/b/a The Signature Real Estate Companies 6699 N Federal Hwy, Suite 103, Boca Raton, FL 33487 Email Abuse Reporting: mailto:it@quadcompanies.com it@quadcompanies.com
Attached is the AG opinion on the subject (from former Atty. Gen. Bob
Butterworth). The City of Miami Beach extended the statutory minimums in
83.57 about 30 years ago in accordance with this advisory opinion, and as
the rental markets across the state have reached a fever pitch (
https://www.cbsnews.com/news/florida-least-affordable-state-us-miami-tampa-orlando-naples-rent/),
municipalities are reacting to try to curb a growing level of unaffordable
housing. For those who don't represent tenants, I can offer this
observation - low-income tenants who my organization represents are
struggling to find alternative housing in less than 90 days throughout our
service area, an issue magnified by property management's increased use of
consumer reports and harsher screening criteria on matters like credit
scores and eviction case filings (not judgments, just filings). If you
represent landlords, you've probably seen an uptick in holdover cases for
the same reason - the tenants cannot actually find housing in the limited
time allotted by FRLTA minimums.
From my perspective, I think the opinion is sound in its analysis on the
subject (Home Rule power is broad and there's no real argument that FRLTA
preempts local ordinances that are additive), and while some may prefer a
uniform approach to notice periods, it would be quite a feat of "big
government" to dictate that local municipalities cannot determine their own
rental markets' needs. To illustrate, in the wide swath of 17 counties in
North Florida I work in, the rental markets and needs of landlords and
tenants in Suwannee, Hamilton, and Dixie County are incredibly distinct
from the markets and needs of Duval, Alachua, and St. Johns County.
Flattening standards across markets creates a lot of unintended
consequences. I agree further discussion is a good idea, but would also
suggest that these concerns may be best raised in the local legislative
processes resulting in these ordinances. In Alachua County, we have been in
these discussions with policymakers alongside local realtors, public
housing authorities, property management companies, and housing developers,
and that collaborative process seems to have kept all stakeholders involved
in a way that engages everyone's concerns thoughtfully.
On Wed, May 4, 2022 at 9:13 AM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
Miami-Dade County passed the Tenants Bill of Rights yesterday - I have not
gone through in detail but there is a lot here. Our committee was invited
to comment on the bill of rights, and our comments were that many of the
County's goals could be accomplished if tenants had an understanding of
existing rights under the Landlord Tenant Act. Our recommendation was to
devote resources to a department that could help tenants maneuver existing
forms and processes and potentially devote resources to
translation services. The County went well beyond this recommendation and
has implemented rules beyond the scope of the Landlord Tenant Act.
https://www.miamidade.gov/govaction/legistarfiles/Matters/Y2022/220904.pdf
Broward County voted on a notice rule for rent increases as well
yesterday. I believe this passed.
At our last meeting we had a discussion about the Miami-Dade rent increase
ordinance and Kevin Rabin pointed us to an opinion on the preemption issue.
I am hoping he can circulate for us. Do we want to add this to our agenda
for the next meeting?
Kristen King Jaiven, Esq.
VP Legal; General Counsel
The Signature Real Estate Companies
Ph: 561.705.0140
Direct Line: 561-300-6921
Email: Kristen@quadcompanies.com
www.SignatureRealEstateCompanies.com
http://www.signaturerealestatecompanies.com/
[image: Signature Partners] http://mysignaturenetwork.com/
On Wed, May 4, 2022 at 8:52 AM Real Estate Leasing Committee <
landtencl@lists.flabarrpptl.org> wrote:
You must have read my mind Harry. This issue has been weighing on me
recently as well and I wonder whether the Statutes have any validity any
more if each City or County has the ability to make their own rules. Should
we consider the State Legislature enact some type of preemption? I can't
think of any other area of the law that can be governed by every
municipality differently, making it impossible for there to be any
consistency. Not only are they poorly written, they fail to take into
account the many possible circumstances in which their application creates
a serious injustice and even a danger to residents.
Also, anyone who is following these ordinances, the City of Lake Worth
Beach in PBC is in the process of enacting a similar ordinance and has
already passed their "first reading." This City is also considering
applying their ordinance to Commercial Properties as well.
And lastly, I do work with many commercial property owners and would be
happy to take any referrals. Always appreciate you keeping us abreast
Harry.
Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
Email:* CSABOL@SABOLLAW.COM CSABOL@SABOLLAW.COM*
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER
COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS
NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND
CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM
CHANGE. ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO
SENDING ANY WIRE TRANSFERS.
*THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY
FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. *
*IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be used by any taxpayer for the purpose of avoiding penalties that
may be imposed under U.S. tax law. If any person uses or refers to any such
tax advice in promoting, marketing or recommending a partnership or other
entity, investment plan or arrangement to any taxpayer, then the advice
should be considered to have been written to support the promotion or
marketing by a person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek advice based on the
taxpayer's particular circumstances from an independent tax advisor. *
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> on behalf of RPPTL Real Estate
Leasing Committee landten@lists.flabarrpptl.org
Sent: Tuesday, May 3, 2022 5:01 PM
To: landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org;
landtencl@lists.flabarrpptl.org landtencl@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Local Ordinances
Some of you may not be aware of the spread of local ordinances which
impact nonrenewal, rent increases and late fees.
Miami-Dade’s change was a few months ago. Changes have occurred or will
occur in Tampa, St Pete and I believe Collier County.
It is certainly understandable why these changes are occurring. Large
rent increases and the fact that MTM can be terminated quickly are problems
BUT, having a patchwork of local ordinances now impacting state
landlord/tenant law is a road many people do not wish to go down.
If local government can do this, it basically renders the LL/Ten Act
useless at some point. Affordable housing is a problem in Florida, but I
am not quite sure that those pushing these ordinances realize that there
are unintended consequences.
You may want to keep an eye on these ordinances as they are poorly
drafted by lawyers who do not practice landlord/tenant law. While I may
not agree with these ordinances, we try to help them get the drafting right
so we can properly advise our clients on how to comply with them.
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800
367 9038 "Serving the Property Management Professional" Website: *
www.evict.com http://www.evict.com/
LandTenCL mailing list
LandTenCL@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landtencl
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
Please note that any views or opinions presented in this email are solely
those of the author and do not necessarily represent those of the company.
Finally, the recipient should check this email and any attachments for the
presence of viruses. The company accepts no liability for any damage caused
by any virus transmitted by this email. Quad Realty Investments, Inc. d/b/a
The Signature Real Estate Companies 6699 N Federal Hwy, Suite 103, Boca
Raton, FL 33487 Email Abuse Reporting: it@quadcompanies.com
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten